Thailand Legal and Business News: May

Supreme Court Opinions

DIVORCE
• Mrs.Thidatip Srirun vs. Mr. Lerts Srirun

The plaintiff registered her marriage with the first defendant, who thereafter registered a subsequent marriage with the second defendant and lived with the second defendant as husband and wife although the first defendant and the plaintiff had not yet divorced. The plaintiff filed a divorce in Thailand and claims for right to child support payment from the first defendant. The Supreme Court overturned the ruling of the Appellate Court on child support payment issues in this case.

CONDOMINIUM
• Miss Napit Injan vs. Sabkeaw Co., Ltd

The plaintiff (buyer) did not make the transfer of condominium ownership within the specified time as stated in the letter the defendant (seller) claimed was sent to the plaintiff, yet the defendant made another appointment to transfer ownership of the condominium unit at a later date, and permitted the plaintiff to inspect the cracks in the wall of the disputed unit. The court finds that, although the defendant's letter stated that the agreement would be terminated if the transfer of ownership was not made in the specified period, the agreement was not invalidated in this instance as the defendant's actions were indicative of the defendant's intentions to sell the condominium unit.

ADVERSE POSSESSION OF LAND

Mrs. Payoun Keawketthong et al. vs. Mr. Kamol Tanangsanakul by acting representatives Mr. Koukert Tanangsanakul et al.

Adverse possession of the land of another person, permitted according to section 1382 of the Civil and Commercial Code, is subject to possession of land with a title deed only and based on the condition that the trespasser must have resided on the land for a continuous period of 10 years or more. Based on this condition, the defendants were deemed not entitled to ownership of the disputed land.

Thailand Legal News Updates:

NEWS :

Amended Condominium Act

29 May 2008

The amended Condominium Act makes developers of condominiums in Thailand liable for abiding by their advertising claims and takes effect on 4 July 2008. The act states that a developer holding ownership to a condominium building and the land on which the condominium stands must retain copies of all condominium advertisements in the form of text, photos, or any other advertising claims, at the condominium until all units are sold. At least one copy of all advertisements must be given to the juristic person of the condominium. Violators will face a maximum fine of 100,000 Baht.

The act specifies that all text, photo, or any other advertising claims must correspond with the details submitted when requesting registration. Details related to communal property must be clearly specified, in addition to the requirements under section 15. Violators will face a maximum fine of 50,000 to 100,000 Baht.

All text, photo, or any other advertising claims shall be considered a part of the condominium sales contract according to the act. If the text or photo conflicts with the contract, the interpretation will serve to be for the benefit of the buyer.

The sales contract must be based on the requirements under the Ministerial Regulation. A sales contract not conforming to the Ministerial Regulation and unfair to the buyer will be considered void. Violators face a maximum fine of 100,000 Baht.

A person who owns a condominium unit in place of a foreigner, regardless of whether the foreigner is entitled to own a condominium unit or not, faces imprisonment of not more than 2 years, or a maximum fine of not more than 20,000 Baht, or both imprisonment and fine.

Vietnamese Government to Allow Foreigners to Buy Condominiums

29 May 2008

The National Assembly of Vietnam passed a resolution allowing foreigners to own a condominium unit, but not a house, for a trial period of five years. The resolution will take effect next year. Foreigners who wish to buy a condominium unit must fulfill certain governmental requirements. To be eligible, they must be married to a Vietnamese national, possess skills beneficial to the country, or have contributed to the development of the country. The foreigner may own a condo for a period of 50 years, but then has to sell it or donate it. There are an estimated 21,000 foreigners out of 80,000 in Vietnam eligible to buy a condominium according to the Vietnam News Agency.

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